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To the Honorable Mayor and City Council;
Gentlemen:
With reference to the case of John W. Herbert vs City of Fort Worth, I have the honor to report that my bill of exceptions in said case has been duly filed, and that it would now be proper to file an appeal bond in said case, were it not for the fact that the State National Bank at the request of the Council has paid to the said John W. Herbert the amount of the said judgment and has taken an assignment thereof and has had turned over to it the coupons held by the said Herbert and which were represented in the said Judgment.
In my opinion such action precludes the possibility of having the said case heard on appeal, for the such action in law is an abandonment by the city of its defenses and of its right to be heard on appeal should be the point be made. Therefore, in order that I may be put in the proper position with reference to the said cause, I request that the City Council instruct me to take no steps looking to an appeal or the said cause. The mandamus suit will be dismissed at the cost of plantiff by agreement
Very respectfully, E.C. Orrick
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WHEREAS, Death has entered the home of City Attorney E. C. Orrick and removed therefrom his two-year-old daughter, after a brief illness, and-
WHEREAS, Mr. Orrick has for three years been associated with the City Government; first as Alderman from the Eighth Ward, and now as the City Attorney of the City of Fort Worth, which positions he has filled with signal ability and fedility fidelity to the City's interests, and ,
WHEREAS, We deem it appropriate to tender to him in his distress and suffering the friendly and loving sympathy of brother officials; now therefore be it-
RESOLVED by the City Council of the City of Fort Worth, that we tender to our City Attorney, Mr. E. C. Orrick, the sympathy of this Council, and assure him and his family that we feel a kind and brotherly sympathy for them to this hour of their suffering, and trust that this genuine expression of sorrow for them will in some small way soften and lighten the burden of their grief.
RESOLVED FURTHER, that a copy of this resolution be spread upon the minutes of this meeting. and a copy transmitted by the City Secretary to City Attorney Orrick Family.
John F. Lehane Alderman 4th Ward
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